New York Public Personnel Law

Mar 7, 2022

The vesting of retiree health insurance rights

In Danny Donohue, et al., Appellants, v Andrew M. Cuomo, et al., Respondents, et al., Defendants, New York State's Court of Appeals said that "In Kolbe v Tibbetts, [it] left open whether a New York court should infer vesting of retiree health insurance rights when construing a collective bargaining agreement (CBA) (see 22 NY3d 344, 354 [2013] *). The Supreme Court [of the United States] subsequently rejected such inferences as incompatible with ordinary contract principles under federal law in M and G Polymers USA, LLC v Tackett (574 US 427 [2015]) and CNH Industrial N.V. v Reese (583 US 138 S Ct 761 [2018]), repudiating International Union, United Auto., Aerospace, and Agric. Implement Workers of Am. (UAW) v Yard-Man, Inc. (716 F2d 1476 [6th Cir 1983], cert denied 465 US 1007 [1984]) and its progeny. In response to questions certified to [it] by the United States Court of Appeals for the Second Circuit, [the New York State Court of Appeals concluded] that Yard-Man-type inferences favoring such vesting are likewise inconsistent with New York's established contract interpretation principles."

* Subdivision 6 of Civil Service Law §209-a provides as follows: "In applying [209-a, Improper employer practices; improper employee organization practices], fundamental distinctions between private and public employment shall be recognized, and no body of federal or state law applicable wholly or in part to private employment, shall be regarded as binding or controlling precedent.

The Donohue decision is posted on the Internet at https://www.nycourts.gov/reporter/3dseries/2022/2022_00910.htm .

Mar 5, 2022

SARS-CoV-2 and Covid-19 Articles

SARS-CoV-2 and Covid-19 Articles by Dr. Robert A. Michaels, NYPPL's science consultant, are available for free download via: https://www.researchgate.net/profile/Robert_Michaels3/publications

Michaels, RA. Adopt the precautionary principle against omicron. Science eLetter, online: https://www.researchgate.net/publication/358357923_Michaels_Robert_A_Adopt_the_precautionary_principle_against_omicron_Science_eLetter_online_httpswwwscienceorgdoi101126scienceabo1074_4_February_2022, 4 February 2022;

Michaels, RA. In-person schooling is not without risks. Albany, New York; Times Union, page A-9, https://www.researchgate.net/publication/358002951_In-person_schooling_is_not_without_risks_Albany_New_York_Times_Union_Newspaper_page_A-9_21_January_2022, 21 January 2022

Michaels, RA. Focus on preventing new Covid-19 cases. Schenectady, New York; Daily Gazette, https://dailygazette.com/2022/01/08/letters-to-the-editor-saturday-jan-8/, 8 January 2022;

Michaels, RA. The future disease burden of pandemic Covid-19 for individuals, communities, and society. Environmental Claims Journal, https://doi.org/10.1080/10406026.2021.2015821, 15 pages, online 16 December 2021;

Michaels, RA. Possible SARS-CoV-2 persistence: FDA and CDC should further expand eligibility for Covid-19 boosters. ResearchGate, https://www.researchgate.net/publication/355175962_Possible_SARS-CoV-2_Persistence_FDA_and_CDC_Should_Further_Expand_Eligibility_for_Covid-19_Boosters,11 October 2021;

Michaels, RA. Comment on “Viral evolution may herald new pandemic phase.” Science, e-Letter, online: https://science.sciencemag.org/content/371/6525/108/tab-e-letters, 19 January 2021;

Michaels, RA. Look at risks of in-person schooling. Letter, Schenectady, New York; Daily Gazette, https://www.researchgate.net/publication/347358002_Look_at_Risks_of_In-person_Schooling_Letter_to_the_Editor_Daily_Gazette_Newspaper_Schenectady_New_York_16_December_2020, 16 December 2020;

Michaels, RA. Look to science, data to slow Covid-19. Letter, Schenectady, New York; Daily Gazette, https://www.researchgate.net/publication/342715717_Look_to_science_data_to_slow_Covid-19_Letter_to_the_Editor_Daily_Gazette_Newspaper_Schenectady_New_York_Sunday_5_July_2020, Sunday 5 July 2020;

Michaels, RA. Serology testing for antibodies induced by Covid-19 may indicate past exposure without past infection. Science, e-Letter, online: https://science.sciencemag.org/content/368/6495/1060/tab-e-letters, 18 June 2020;

Michaels, RA. Covid-19 risks and risk management in New York State’s Capital Area. ResearchGate, https://www.researchgate.net/publication/339956601_Covid-19_Risks_and_Risk_Management_in_New_York_State's_Capital_Area, online 16 March 2020

CONTACT INFORMATION

Dr. Robert A. Michaels; PhD, CEP

President, RAM TRAC Corporation Schenectady, New York

(518) 785-0976

www.ramtrac.com

bam@ramtrac.com

Feb 28, 2022

Deciding motions to stay or compel arbitration

When deciding whether to stay or compel arbitration sought pursuant to Article 75 of the CPLR, the Appellate Division explained that courts are "concerned only with the threshold determination of arbitrability, and not with the merits of the underlying claim" and judicial restraint under the public policy exception is particularly appropriate in arbitrations involving public employment collective bargaining agreements.

Click HERE to access the Appellate Division's ruling in this action.

Editor in Chief Harvey Randall served as Director of Personnel, SUNY Central Administration, Director of Research , Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service, and Colonel, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.